Legislator Case Law & Legislation
II UK 304/04 AI generated

Social security pension suspension requires proving creative income, not employment income, under Polish Social Security Law.

Case Number II UK 304/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland quashed lower court rulings that suspended a pension based on employment income. The applicant argued that ZUS officials incorrectly informed her that employment earnings did not affect her pension rights. The court held that pension suspension only applies to income from creative activities, not standard employment wages. Consequently, the case was remanded for reconsideration of the specific claim regarding erroneous official information.

Legislator headnote

AI generated

Art. 104 ust. 5 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 8 ust. 7 ustawy o systemie ubezpieczeń społecznych: The right to suspend or reduce a pension based on income is applicable only when the insured earns income from creative activities, not from employment contracts.

Keywords

AI generated
social security pension creative income definition employment income exclusion ZUS information error pension suspension grounds

Cited Legislation

AI generated
Art. 104 ust. 5 of the Social Security Pensions and Allowances Act
Art. 8 ust. 7 of the Social Security System Act
Art. 393 § 1 of the Code of Civil Procedure
Art. 233 § 1 of the Code of Civil Procedure
art. 9 k.p
art. 233 § 1 k.p.c
art. 39313 § 1 k.p.c

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